As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 1 5
1997-1998 6
SENATORS KEARNS-DIX-OELSLAGER-B. JOHNSON-McLIN- 8
SHEERER-SWEENEY-WHITE 9
11
A B I L L
To amend sections 737.11, 1901.18, 1901.19, 1907.18, 13
2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 15
2937.23, 3113.31, and 3113.33 and to enact
section 2919.272 of the Revised Code relative to 16
the issuance and enforcement of temporary 17
protection orders issued in domestic violence
situations, protection orders and consent 18
agreements issued or approved by a court of 19
domestic relations, and protection orders of 20
those types issued by courts of another state and
to maintain the provisions of this act on and 21
after July 1, 1997, by amending the versions of 22
sections 1901.19 and 3113.31 of the Revised Code 23
that take effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 737.11, 1901.18, 1901.19, 27
1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 2937.23, 28
3113.31, and 3113.33 be amended and section 2919.272 of the 30
Revised Code be enacted to read as follows: 31
Sec. 737.11. The police force of a municipal corporation 40
shall preserve the peace, protect persons and property, and obey 41
and enforce all ordinances of the legislative authority of the 42
municipal corporation, all criminal laws of the state and the 43
United States, all court orders issued and consent agreements 44
approved pursuant to sections 2919.26 and 3113.31 of the Revised 45
2
Code, and all anti-stalking protection orders issued pursuant to 46
section 2903.213 of the Revised Code, AND PROTECTION ORDERS 47
ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 2919.27 48
OF THE REVISED CODE. The fire department shall protect the lives 50
and property of the people in case of fire. Both the police and 51
fire departments shall perform any other duties that are provided 52
by ordinance. The police and fire departments in every city 53
shall be maintained under the civil service system. 54
A chief or officer of a police force of a municipal 56
corporation may participate, as the director of an organized 57
crime task force established under section 177.02 of the Revised 58
Code or as a member of the investigatory staff of such a task 59
force, in an investigation of organized criminal activity in any 60
county or counties in this state under sections 177.01 to 177.03 61
of the Revised Code. 62
Sec. 1901.18. (A) Except as otherwise provided in this 71
division or section 1901.181 of the Revised Code, subject to the 72
monetary jurisdiction of municipal courts as set forth in section 73
1901.17 of the Revised Code, a municipal court has original 74
jurisdiction within its territory in all of the following actions 75
or proceedings and to perform all of the following functions: 76
(1) In any civil action, of whatever nature or remedy, of 78
which judges of county courts have jurisdiction; 79
(2) In any action or proceeding at law for the recovery of 81
money or personal property of which the court of common pleas has 82
jurisdiction; 83
(3) In any action at law based on contract, to determine, 85
preserve, and enforce all legal and equitable rights involved in 86
the contract, to decree an accounting, reformation, or 87
cancellation of the contract, and to hear and determine all legal 88
and equitable remedies necessary or proper for a complete 89
determination of the rights of the parties to the contract; 90
(4) In any action or proceeding for the sale of personal 92
property under chattel mortgage, lien, encumbrance, or other 93
3
charge, for the foreclosure and marshalling of liens on personal 95
property of that nature, and for the rendering of personal
judgment in the action or proceeding; 97
(5) In any action or proceeding to enforce the collection 99
of its own judgments or the judgments rendered by any court 100
within the territory to which the municipal court has succeeded, 101
and to subject the interest of a judgment debtor in personal 102
property to satisfy judgments enforceable by the municipal court; 103
(6) In any action or proceeding in the nature of 105
interpleader; 106
(7) In any action of replevin; 108
(8) In any action of forcible entry and detainer; 110
(9) In any action concerning the issuance and enforcement 112
of temporary protection orders pursuant to section 2919.26 of the 113
Revised Code or anti-stalking protection orders pursuant to 114
section 2903.213 of the Revised Code OR THE ENFORCEMENT OF 115
PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED 116
IN SECTION 2919.27 OF THE REVISED CODE; 117
(10) If the municipal court has a housing or environmental 119
division, in any action over which the division is given 120
jurisdiction by section 1901.181 of the Revised Code, provided 121
that, except as specified in division (C)(B) of that section, no 123
judge of the court other than the judge of the division shall 124
hear or determine any action over which the division has 125
jurisdiction; 126
(11) In any action brought pursuant to division (I) of 128
section 3733.11 of the Revised Code, if the residential premises 129
that are the subject of the action are located within the 130
territorial jurisdiction of the court; 131
(12) In any civil action as described in division (B)(1) 133
of section 3767.41 of the Revised Code that relates to a public 134
nuisance, and, to the extent any provision of this chapter 135
conflicts or is inconsistent with a provision of that section, 136
the provision of that section shall control in the civil action. 137
4
(B) The Cleveland municipal court also shall have 140
jurisdiction within its territory in all of the following actions 141
or proceedings and to perform all of the following functions: 142
(1) In all actions and proceedings for the sale of real 144
property under lien of a judgment of the municipal court or a 145
lien for machinery, material, or fuel furnished or labor 146
performed, irrespective of amount, and, in those actions and 148
proceedings, the court may proceed to foreclose and marshal all 150
liens and all vested or contingent rights, to appoint a receiver, 151
and to render personal judgment irrespective of amount in favor 152
of any party.
(2) In all actions for the foreclosure of a mortgage on 154
real property given to secure the payment of money or the 155
enforcement of a specific lien for money or other encumbrance or 156
charge on real property, when the amount claimed by the plaintiff 157
does not exceed fifteen thousand dollars and the real property is 159
situated within the territory, and, in those actions, the court 160
may proceed to foreclose all liens and all vested and contingent 161
rights and may proceed to render judgments and make findings and 164
orders between the parties in the same manner and to the same 165
extent as in similar actions in the court of common pleas. 167
(3) In all actions for the recovery of real property 169
situated within the territory to the same extent as courts of 170
common pleas have jurisdiction; 171
(4) In all actions for injunction to prevent or terminate 173
violations of the ordinances and regulations of the city of 174
Cleveland enacted or promulgated under the police power of the 175
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 176
Constitution, over which the court of common pleas has or may 177
have jurisdiction, and, in those actions, the court may proceed 179
to render judgments and make findings and orders in the same 182
manner and to the same extent as in similar actions in the court 184
of common pleas.
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 193
5
municipal courts as set forth in section 1901.17 of the Revised 194
Code, a municipal court and a housing or environmental division 195
of a municipal court have jurisdiction within its territory in 196
all of the following actions or proceedings and to perform all of 197
the following functions: 198
(1) To compel attendance of witnesses in any pending 200
action or proceeding in the same manner as the court of common 201
pleas; 202
(2) To issue executions on its own judgments; 204
(3) In any legal or equitable action or proceeding, to 206
enforce the collection of its own judgments; 207
(4) In any civil action or proceeding at law in which the 209
subject matter of the action or proceeding is located within the 210
territory or when the defendant or any of the defendants resides 211
or is served with summons within the territory; 212
(5) To issue and enforce any order of attachment; 214
(6) In any action or proceeding in the nature of 216
creditors' bills, and in aid of execution, to subject the 217
interest of a judgment debtor in personal property to the payment 218
of a judgment of the court; 219
(7) To issue and enforce temporary protection orders 221
pursuant to section 2919.26 of the Revised Code and anti-stalking 222
protection orders pursuant to section 2903.213 of the Revised 223
Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER 224
STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE. 225
(B) Subject to the limitation set forth in this division, 227
a municipal court or a housing or environmental division of a 228
municipal court has jurisdiction outside its territory in a 229
proceeding in aid of execution to subject to the payment of the 230
judgment the interest in personal property of a judgment debtor 231
under a judgment rendered by the court or division. The 232
jurisdiction provided in this division includes the county or 233
counties in which the territory of the court or division in 234
question is situated and any county that is contiguous to that in 235
6
which the court or division is located. A court or division that 236
has jurisdiction under this division outside its territory in a 237
proceeding in aid of execution has the same powers, duties, and 238
functions relative to the proceeding that it has relative to 239
proceedings in aid of execution over which it has jurisdiction 240
other than under this division. 241
(C)(1) In any action for garnishment of personal earnings 243
brought in a municipal court, the court has jurisdiction to serve 244
process pursuant to section 2716.05 of the Revised Code upon a 245
garnishee who resides in a county contiguous to that in which the 246
court is located. 247
(2) In any action for garnishment of property, other than 249
personal earnings, brought in a municipal court under section 250
2716.11 of the Revised Code, the court has jurisdiction to serve 251
process pursuant to section 2716.13 of the Revised Code upon a 252
garnishee who resides in a county contiguous to that in which the 253
court is located. 254
(3) Whenever a motion for attachment is filed in a 256
municipal court under section 2715.03 of the Revised Code, the 257
court has jurisdiction to serve process pursuant to section 258
2715.091 of the Revised Code upon a garnishee who resides in a 259
county contiguous to that in which the court is located. 260
(D) The municipal court of Cleveland also has jurisdiction 262
in all actions and proceedings in the nature of creditors' bills, 263
and in aid of execution to subject the interests of a judgment 264
debtor in real or personal property to the payment of a judgment 265
of the court. In such actions and proceedings, the court may 266
proceed to marshal and foreclose all liens on the property 267
irrespective of the amount of the lien, and all vested or 268
contingent rights in the property. 269
(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 271
1997. 272
Sec. 1907.18. (A) County court judges, within and 281
coextensive with their respective counties, have jurisdiction and 282
7
authority to: 283
(1) Administer an oath authorized or required by law to be 285
administered; 286
(2) Take acknowledgments of instruments of writing; 288
(3) Issue subpoenas to compel the attendance of witnesses 290
to give evidence in causes or matters pending before the judges, 291
or for the purpose of taking depositions or perpetuating 292
testimony; 293
(4) Proceed against sheriffs, deputy sheriffs, and 295
constables failing to make return, making false return, or 296
failing to pay over money collected on execution issued by the 297
judges; 298
(5) Try actions against other county court judges for 300
refusing or neglecting to pay over moneys collected in their 301
official capacity when the amount claimed does not exceed five 302
hundred dollars. This division does not deny or impair any 303
remedy provided by law in such a case by suit on the official 304
bond of such a county court judge, or by amercement or otherwise, 305
for neglect or failure to pay over money so collected. 306
(6) Hear actions concerning the issuance and enforcement 308
of, issue, and enforce temporary protection orders pursuant to 309
section 2919.26 of the Revised Code and anti-stalking protection 310
orders pursuant to section 2903.213 of the Revised Code; 311
(7) HEAR ACTIONS CONCERNING THE ENFORCEMENT OF PROTECTION 313
ORDERS ISSUED BY COURTS OF ANOTHER STATE, AS DEFINED IN SECTION 314
2919.27 OF THE REVISED CODE, AND TO ENFORCE THOSE PROTECTION 315
ORDERS.
(B) County court judges may punish contempts, and exercise 317
powers necessary to give effect to the jurisdiction of the court 318
and to enforce its judgments, orders, and decrees, as provided in 319
this chapter or, in the absence of a provision in this chapter, 320
in a manner authorized by the Revised Code or common law for the 321
judges of the courts of common pleas. 322
(C) County court judges have jurisdiction and authority to 324
8
perform marriage ceremonies anywhere in the state. 325
Sec. 2919.25. (A) No person shall knowingly cause or 334
attempt to cause physical harm to a family or household member. 335
(B) No person shall recklessly cause serious physical harm 337
to a family or household member. 338
(C) No person, by threat of force, shall knowingly cause a 340
family or household member to believe that the offender will 341
cause imminent physical harm to the family or household member. 342
(D) Whoever violates this section is guilty of domestic 344
violence. A violation of division (C) of this section is a 345
misdemeanor of the fourth degree. A violation of division (A) or 346
(B) of this section is a misdemeanor of the first degree. If the 347
offender previously has been convicted of domestic violence or a 348
violation of section 2903.11, 2903.12, 2903.13, 2903.211, or 349
2911.211 of the Revised Code involving a person who was a family 350
or household member at the time of the violation, a violation of 351
division (A) or (B) of this section is a felony of the fifth 353
degree and a violation of division (C) of this section is a
misdemeanor of the third degree. 354
(E) As used in this section and sections 2919.251 and 356
2919.26 of the Revised Code: 357
(1) "Family or household member" means any of the 359
following: 360
(a) Any of the following who is residing or has resided 362
with the offender:
(i) A spouse, a person living as a spouse, or a former 364
spouse of the offender; 365
(ii) A parent or a child of the offender, or another 367
person related by consanguinity or affinity to the offender; 368
(iii) A parent or a child of a spouse, person living as a 370
spouse, or former spouse of the offender, or another person 371
related by consanguinity or affinity to a spouse, person living 372
as a spouse, or former spouse of the offender. 373
(b) The ALLEGED natural parent of any child of whom the 375
9
offender is the other natural parent. 377
(2) "Person living as a spouse" means a person who is 379
living or has lived with the offender in a common law marital 380
relationship, who otherwise is cohabiting with the offender, or 381
who otherwise has cohabited with the offender within one year 382
FIVE YEARS prior to the date of the alleged commission of the act 384
in question.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that 393
alleges a violation of section 2919.25 of the Revised Code, a 394
violation of a municipal ordinance substantially similar to that 395
section, a violation of section 2903.11, 2903.12, 2903.13, 396
2903.211, or 2911.211 of the Revised Code that involves a person 397
who was a family or household member at the time of the 398
violation, or a violation of a municipal ordinance that is 399
substantially similar to section 2903.13, 2903.211, or 2911.211 400
of the Revised Code that involves a person who was a family or 401
household member at the time of the violation, the complainant
may file, or, if in an emergency the complainant is unable to 402
file, a person who made an arrest for the alleged violation under 403
section 2935.03 of the Revised Code may file on behalf of the 404
complainant, a motion that requests the issuance of a temporary 405
protection order as a pretrial condition of release of the 406
alleged offender, in addition to any bail set under Criminal Rule 407
46. The motion shall be filed with the clerk of the court that 408
has jurisdiction of the case at any time after the filing of the 409
complaint. 410
(2) For purposes of section 2930.09 of the Revised Code, 412
all stages of a proceeding arising out of a violation specified 413
in division (A)(1) of this section, including all proceedings on 414
a motion for a temporary protection order, are critical stages of 415
the case, and a complainant may be accompanied by a victim 416
advocate or another person to provide support to the victim as
provided in that section. 417
(B) The motion shall be prepared on a form that is 419
10
provided by the clerk of the court, which form shall be 420
substantially as follows: 421
"MOTION FOR TEMPORARY PROTECTION ORDER 422
.......................... Court 423
Name and address of court 424
State of Ohio 426
v. 428
No. .............
................. 430
Name of Defendant 432
(name of person), the complainant in the above-captioned case, 434
moves the court to issue a temporary protection order containing 435
terms designed to ensure the safety and protection of the 436
complainant and other family or household members, in relation to 437
the named defendant, pursuant to its authority to issue such an 438
order under section 2919.26 of the Revised Code. 439
A complaint, a copy of which has been attached to this 441
motion, has been filed in this court charging the named defendant 442
with at least one of the following violations of section 2919.25 443
of the Revised Code that constitutes "domestic violence" or a 444
municipal ordinance that is substantially similar to that 445
section: knowingly causing or attempting to cause physical harm 446
to a family or household member; recklessly causing serious 447
physical harm to a family or household member; or, by threat of 448
force, knowingly causing a family or household member to believe 449
that he THE NAMED DEFENDANT would cause imminent physical harm to 450
that family or household member; charging the named defendant 451
with felonious assault, aggravated assault, or assault that 452
involved a family or household member in violation of section 453
2903.11, 2903.12, or 2903.13 of the Revised Code; charging the 455
named defendant with menacing by stalking or aggravated trespass 456
that involves a family or household member in violation of
section 2903.211 or 2911.211 of the Revised Code; or charging the 457
named defendant with a violation of a municipal ordinance that is 458
11
substantially similar to section 2903.13, 2903.211, or 2911.211 459
of the Revised Code that involves a family or household member. 460
I understand that I must appear before the court, at a time 462
set by the court within twenty-four hours after the filing of 463
this motion, for a hearing on the motion or that, if I am unable 464
to appear because of hospitalization or a medical condition 465
resulting from the offense alleged in the complaint, a person who 466
can provide information about my need for a temporary protection 467
order must appear before the court in lieu of my appearing in 468
court. I understand that any temporary protection order granted 469
pursuant to this motion is a pretrial condition of release and is 470
effective only until the disposition of the criminal proceeding 471
arising out of the attached complaint, or the issuance of a civil 472
protection order or the approval of a consent agreement, arising 473
out of the same activities as those that were the basis of the 474
complaint, under section 3113.31 of the Revised Code. 475
.......................................... 477
Signature of complainant 479
(or signature of the arresting officer who filed the motion on 481
behalf of the complainant) 482
.......................................... 484
Address of complainant (or office address of the arresting 486
officer who filed the motion on behalf of the complainant)" 487
(C) As soon as possible after the filing of a motion that 489
requests the issuance of a temporary protection order, but not 490
later than twenty-four hours after the filing of the motion, the 491
court shall conduct a hearing to determine whether to issue the 492
order. The person who requested the order shall appear before 493
the court and provide the court with the information that it 494
requests concerning the basis of the motion. If the person who 495
requested the order is unable to appear and if the court finds 496
that the failure to appear is because of the person's 497
hospitalization or medical condition resulting from the offense 498
alleged in the complaint, another person who is able to provide
12
the court with the information it requests may appear in lieu of 499
the person who requested the order. If the court finds that the 500
safety and protection of the complainant or other family or 502
household member of the alleged offender may be impaired by the 503
continued presence of the alleged offender, the court may issue a 504
temporary protection order, as a pretrial condition of release, 505
that contains terms designed to ensure the safety and protection 506
of the complainant or family or household member, including a 507
requirement that the alleged offender refrain from entering the 508
residence, school, business, or place of employment of the 509
complainant or family or household member. IF THE ORDER INCLUDES 510
A REQUIREMENT THAT THE ALLEGED OFFENDER REFRAIN FROM ENTERING THE 511
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OF THE
COMPLAINANT OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER SHALL STATE 513
CLEARLY THAT THE ORDER CANNOT BE WAIVED OR NULLIFIED BY AN 514
INVITATION TO THE ALLEGED OFFENDER FROM THE COMPLAINANT OR FAMILY 515
OR HOUSEHOLD MEMBER TO ENTER THE RESIDENCE, SCHOOL, BUSINESS, OR 516
PLACE OF EMPLOYMENT OR BY THE ALLEGED OFFENDER'S ENTRY INTO ONE 517
OF THOSE PLACES OTHERWISE UPON THE CONSENT OF THE COMPLAINANT OR 518
FAMILY OR HOUSEHOLD MEMBER. 519
(D)(1) Upon the filing of a complaint that alleges a 521
violation of section 2919.25 of the Revised Code, a violation of 522
a municipal ordinance that is substantially similar to that 523
section, a violation of section 2903.11, 2903.12, 2903.13, 524
2903.211, or 2911.211 of the Revised Code that involves a person 525
who was a family or household member at the time of the 526
violation, or a violation of a municipal ordinance that is 527
substantially similar to section 2903.13, 2903.211, or 2911.211
of the Revised Code that involves a person who was a family or 528
household member at the time of the violation, the court, upon 529
its own motion, may issue a temporary protection order as a 530
pretrial condition of release if it finds that the safety and 531
protection of the complainant or other family or household member 532
of the alleged offender may be impaired by the continued presence 533
13
of the alleged offender. 534
(2) If the court issues a temporary protection order under 536
this section as an ex parte order, it shall conduct, as soon as 537
possible after the issuance of the order, a hearing in the 538
presence of the alleged offender not later than the next day on 539
which the court is scheduled to conduct business after the day on 540
which the alleged offender was arrested or at the time of the 541
appearance of the alleged offender pursuant to summons to 542
determine whether the order should remain in effect, be modified,
or be revoked. The hearing shall be conducted under the 543
standards set forth in division (C) of this section. 544
(3) An order issued under this division shall contain only 546
those terms authorized in orders issued under division (C) of 547
this section. 548
(E) A temporary protection order that is issued as a 550
pretrial condition of release under this section: 551
(1) Is in addition to, but shall not be construed as a 553
part of, any bail set under Criminal Rule 46; 554
(2) Is effective only until the disposition of the 556
criminal proceeding arising out of the complaint upon which it is 557
based, or the issuance of a protection order or the approval of a 558
consent agreement, arising out of the same activities as those 559
that were the basis of the complaint, under section 3113.31 of 560
the Revised Code; 561
(3) Shall not be construed as a finding that the alleged 563
offender committed the alleged offense, and shall not be 564
introduced as evidence of the commission of the offense at the 565
trial of the alleged offender on the complaint upon which the 566
order is based. 567
(F) A person who meets the criteria for bail under 569
Criminal Rule 46 and who, if required to do so pursuant to that 570
rule, executes or posts bond or deposits cash or securities as 571
bail, shall not be held in custody pending a hearing before the 572
court on a motion requesting a temporary protection order. 573
14
(G)(1) A copy of any temporary protection order that is 575
issued under this section shall be issued by the court to the 576
complainant, to the defendant, and to all law enforcement 577
agencies that have jurisdiction to enforce the order. The court 578
shall direct that a copy of the order be delivered to the 579
defendant on the same day that the order is entered. 580
(2) All law enforcement agencies shall establish and 582
maintain an index for the temporary protection orders delivered 583
to the agencies pursuant to division (G)(1) of this section. With 585
respect to each order delivered, each agency shall note on the 586
index, the date and time of the receipt of the order by the
agency. 587
(3) A complainant who obtains a temporary protection order 590
under this section may provide notice of the issuance of the 591
temporary protection order to the judicial and law enforcement 592
officials in any county other than the county in which the order 593
is issued by registering that order in the other county in 594
accordance with division (N) of section 3113.31 of the Revised 595
Code and filing a copy of the registered protection order with a 596
law enforcement agency in the other county in accordance with 597
that division.
(4) Any officer of a law enforcement agency shall enforce 599
a temporary protection order issued by any court in this state in 600
accordance with the provisions of the order, including removing 602
the defendant from the premises, regardless of whether the order 603
is registered in the county in which the officer's agency has 604
jurisdiction as authorized by division (G)(3) of this section.
(H) Upon a violation of a temporary protection order, the 606
court may issue another temporary protection order, as a pretrial 607
condition of release, that modifies the terms of the order that 608
was violated. 609
(I)(1) As used in divisions (I)(1) and (2) of this 612
section, "defendant" means a person who is alleged in a complaint 613
to have committed a violation of the type described in division 614
15
(A) of this section.
(2) If a complaint is filed that alleges that a person 616
committed a violation of the type described in division (A) of 618
this section, the court may not issue a temporary protection 619
order under this section that requires the complainant or another 620
family or household member of the defendant to do or refrain from 621
doing an act that the court may require the defendant to do or 622
refrain from doing under a temporary protection order unless both 623
of the following apply:
(a) The defendant has filed a separate complaint that 626
alleges that the complainant or other family or household member 627
in question who would be required under the order to do or 628
refrain from doing the act committed a violation of the type 629
described in division (A) of this section.
(b) The court determines that both the complainant or 632
other family or household member in question who would be 633
required under the order to do or refrain from doing the act and 634
the defendant acted primarily as aggressors, that neither the 635
complainant or other family or household member in question who 636
would be required under the order to do or refrain from doing the 637
act nor the defendant acted primarily in self-defense, and, in 638
accordance with the standards and criteria of this section as
applied in relation to the separate complaint filed by the 639
defendant, that it should issue the order to require the 640
complainant or other family or household member in question to do 641
or refrain from doing the act. 642
(J) Notwithstanding any provision of law to the contrary, 645
no court shall charge a fee for the filing of a motion pursuant 646
to this section.
(K) As used in this section, "victim advocate" means a 649
person who provides support and assistance for a victim of an 650
offense during court proceedings.
Sec. 2919.27. (A) No person shall recklessly violate any 660
THE terms of a ANY OF THE FOLLOWING: 661
16
(1) A protection order issued or consent agreement 663
approved pursuant to section 2919.26 or 3113.31 of the Revised 664
Code or the terms of an; 665
(2) AN anti-stalking protection order issued pursuant to 667
section 2903.213 of the Revised Code; 668
(3) A PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE. 670
(B) Whoever violates this section is guilty of violating a 672
protection order or consent agreement or anti-stalking protection 674
order.
(1) If the offense involves a violation of a protection 677
order or consent agreement DIVISION (A)(1) OR (3) OF THIS 678
SECTION, one of the following applies: 679
(a) Except as otherwise provided in division (B)(1)(b) of 682
this section, violating a protection order or consent agreement 683
or anti-stalking protection order is a misdemeanor of the first 684
degree.
(b) If the offender previously has been convicted of or 687
pleaded guilty to two or more violations of section 2903.211 or 688
2911.211 of the Revised Code that involve the same person who is
the subject of the protection order or consent agreement or 689
previously has been convicted of or pleaded guilty to one or more 691
violations of this section, violating a protection order or 692
consent agreement or anti-stalking protection order is a felony 693
of the fifth degree.
(2) If the offense involves a violation of an 695
anti-stalking protection order DIVISION (A)(2) OF THIS SECTION, 696
one of the following applies: 697
(a) Except as otherwise provided in division (B)(2)(b) of 700
this section, violating a protection order or consent agreement 701
or anti-stalking protection order is a misdemeanor of the first 702
degree.
(b) If the offender previously has been convicted of or 704
pleaded guilty to two or more violations of this section OR OF 705
FORMER SECTION 2919.27 OF THE REVISED CODE involving an 706
17
anti-stalking protection order, two or more violations of section 707
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code that 708
involve the same person who is the subject of the anti-stalking 709
protection order, or two or more violations of section 2903.214 710
of the Revised Code as it existed prior to the effective date of 711
this amendment JULY 1, 1996, violating a protection order or 713
consent agreement or anti-stalking protection order is a felony 714
of the fifth degree.
(C) IT IS AN AFFIRMATIVE DEFENSE TO A CHARGE UNDER 717
DIVISION (A)(3) OF THIS SECTION THAT THE PROTECTION ORDER ISSUED 718
BY A COURT OF ANOTHER STATE DOES NOT COMPLY WITH THE REQUIREMENTS 719
SPECIFIED IN 18 U.S.C. 2265(b) FOR A PROTECTION ORDER THAT MUST 722
BE ACCORDED FULL FAITH AND CREDIT BY A COURT OF THIS STATE. 723
(D) AS USED IN THIS SECTION, "PROTECTION ORDER ISSUED BY A 726
COURT OF ANOTHER STATE" MEANS AN INJUNCTION OR OTHER ORDER ISSUED 727
BY A CRIMINAL COURT OF ANOTHER STATE FOR THE PURPOSE OF 728
PREVENTING VIOLENT OR THREATENING ACTS OR HARASSMENT AGAINST, 729
CONTACT OR COMMUNICATION WITH, OR PHYSICAL PROXIMITY TO ANOTHER 730
PERSON, INCLUDING A TEMPORARY ORDER AND A FINAL ORDER ISSUED IN 731
AN INDEPENDENT ACTION OR AS A PENDENTE LITE ORDER IN A PROCEEDING 732
FOR OTHER RELIEF, AND MEANS AN INJUNCTION OR ORDER OF THAT NATURE 733
ISSUED BY A CIVIL COURT OF ANOTHER STATE IF THE COURT ISSUED IT 735
IN RESPONSE TO A COMPLAINT, PETITION, OR MOTION FILED BY OR ON 736
BEHALF OF A PERSON SEEKING PROTECTION. "PROTECTION ORDER ISSUED 737
BY A COURT OF ANOTHER STATE" DOES NOT INCLUDE AN ORDER FOR 738
SUPPORT OR FOR CUSTODY OF A CHILD.
Sec. 2919.271. (A)(1) If a defendant is charged with a 747
violation of section 2919.27 of the Revised Code or of a 748
municipal ordinance that is substantially similar to that 749
section, the court may order an evaluation of the mental 750
condition of the defendant if the court determines that either of 751
the following criteria apply: 752
(a) If the alleged violation is a violation of a 754
protection order issued or consent agreement approved pursuant to 755
18
section 2919.26 or 3113.31 of the Revised Code, that the 756
violation of the protection order or consent agreement allegedly 757
involves conduct by the defendant that caused physical harm to 758
the person or property of a family or household member covered by 759
the order or agreement or conduct by the defendant that caused a 760
family or household member to believe that the defendant would 761
cause physical harm to that member or that member's property. 762
(b) If the alleged violation is a violation of an 764
anti-stalking protection order issued pursuant to section 765
2903.213 of the Revised Code OR A PROTECTION ORDER ISSUED BY A 766
COURT OF ANOTHER STATE, that the violation of the anti-stalking 767
protection order allegedly involves conduct by the defendant that 768
caused physical harm to the person or property of the person 769
covered by the order or conduct by the defendant that caused the 770
person covered by the order to believe that the defendant would 771
cause physical harm to that person or that person's property.
(2) The evaluation shall be completed no later than thirty 773
days from the date the order is entered pursuant to division 774
(A)(1) of this section. In that order, the court shall do either 775
of the following: 776
(a) Order that the evaluation of the mental condition of 778
the defendant be preceded by an examination conducted either by a 779
forensic center that is designated by the department of mental 780
health to conduct examinations and make evaluations of defendants 781
charged with violations of section 2919.27 of the Revised Code or 782
of substantially similar municipal ordinances in the area in 783
which the court is located, or by any other program or facility 784
that is designated by the department of mental health or the 785
department of mental retardation and developmental disabilities 786
to conduct examinations and make evaluations of defendants 787
charged with violations of section 2919.27 of the Revised Code or 788
of substantially similar municipal ordinances, and that is 789
operated by either department or is certified by either 790
department as being in compliance with the standards established 791
19
under division (J) of section 5119.01 of the Revised Code or 792
division (C) of section 5123.04 of the Revised Code. 793
(b) Designate a center, program, or facility other than 795
one designated by the department of mental health or the 796
department of mental retardation and developmental disabilities, 797
as described in division (A)(2)(a) of this section, to conduct 799
the evaluation and preceding examination of the mental condition 800
of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or 802
(b) of this section, the court may designate examiners other than 803
the personnel of the center, program, facility, or department 804
involved to make the evaluation and preceding examination of the 805
mental condition of the defendant. 806
(B) If the court considers that additional evaluations of 808
the mental condition of a defendant are necessary following the 809
evaluation authorized by division (A) of this section, the court 810
may order up to two additional similar evaluations. These 811
evaluations shall be completed no later than thirty days from the 812
date the applicable court order is entered. If more than one 813
evaluation of the mental condition of the defendant is ordered 814
under this division, the prosecutor and the defendant may 815
recommend to the court an examiner whom each prefers to perform 816
one of the evaluations and preceding examinations. 817
(C)(1) The court may order a defendant who has been 819
released on bail to submit to an examination under division (A) 820
or (B) of this section. The examination shall be conducted 821
either at the detention facility in which the defendant would 822
have been confined if the defendant had not been released on 823
bail, or, if so specified by the center, program, facility, or 824
examiners involved, at the premises of the center, program, or 825
facility. Additionally, the examination shall be conducted at the 826
times established by the examiners involved. If such a defendant 827
refuses to submit to an examination or a complete examination as 828
required by the court or the center, program, facility, or 829
20
examiners involved, the court may amend the conditions of the 830
bail of the defendant and order the sheriff to take the defendant 831
into custody and deliver the defendant to the detention facility 832
in which the defendant would have been confined if the defendant 833
had not been released on bail, or, if so specified by the center, 835
program, facility, or examiners involved, to the premises of the 836
center, program, or facility, for purposes of the examination. 837
(2) A defendant who has not been released on bail shall be 839
examined at the detention facility in which the defendant is 840
confined or, if so specified by the center, program, facility, or 842
examiners involved, at the premises of the center, program, or 843
facility.
(D) The examiner of the mental condition of a defendant 845
under division (A) or (B) of this section shall file a written 846
report with the court within thirty days after the entry of an 847
order for the evaluation of the mental condition of the 848
defendant. The report shall contain the findings of the 849
examiner; the facts in reasonable detail on which the findings 850
are based; the opinion of the examiner as to the mental condition 851
of the defendant; the opinion of the examiner as to whether the 852
defendant represents a substantial risk of physical harm to other 853
persons as manifested by evidence of recent homicidal or other 854
violent behavior, evidence of recent threats that placed other 855
persons in reasonable fear of violent behavior and serious 856
physical harm, or evidence of present dangerousness; and the 857
opinion of the examiner as to the types of treatment or 858
counseling that the defendant needs. The court shall provide 859
copies of the report to the prosecutor and defense counsel. 860
(E) The costs of any evaluation and preceding examination 862
of a defendant that is ordered pursuant to division (A) or (B) of 863
this section shall be taxed as court costs in the criminal case. 864
(F) If the examiner considers it necessary in order to 866
make an accurate evaluation of the mental condition of a 867
defendant, an examiner under division (A) or (B) of this section 868
21
may request any family or household member of the defendant to 869
provide the examiner with information. A family or household 870
member may, but is not required to, provide information to the 871
examiner upon receipt of such a request. 872
(G) As used in this section: 874
(1) "Bail" includes a recognizance. 876
(2) "Examiner" means a psychiatrist, a licensed social 878
worker at the independent practice level who is employed by a 879
forensic center that is certified as being in compliance with the 880
standards established under division (J) of section 5119.01 or 881
division (C) of section 5123.04 of the Revised Code, a licensed 882
counselor with clinical endorsement who is employed at a forensic 883
center that is certified as being in compliance with such 884
standards, or a licensed clinical psychologist, except that in 885
order to be an examiner, a licensed clinical psychologist shall 886
meet the criteria of division (I)(1) of section 5122.01 of the 887
Revised Code or be employed to conduct examinations by the 888
department of mental health or by a forensic center certified as 889
being in compliance with the standards established under division 890
(J) of section 5119.01 or division (C) of section 5123.04 of the 891
Revised Code that is designated by the department of mental 892
health. 893
(3) "Family or household member" has the same meaning as 895
in section 2919.25 of the Revised Code. 896
(4) "Prosecutor" has the same meaning as in section 898
2935.01 of the Revised Code. 899
(5) "Psychiatrist" and "licensed clinical psychologist" 902
have the same meanings as in section 5122.01 of the Revised Code. 903
(6) "PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE" 905
HAS THE SAME MEANING AS IN SECTION 2919.27 OF THE REVISED CODE. 906
Sec. 2919.272. (A) AS USED IN THIS SECTION, "PROTECTION 908
ORDER ISSUED BY A COURT OF ANOTHER STATE" HAS THE SAME MEANING AS 909
IN SECTION 2919.27 OF THE REVISED CODE. 910
(B) A PERSON WHO HAS OBTAINED A PROTECTION ORDER ISSUED BY 912
22
A COURT OF ANOTHER STATE MAY PROVIDE NOTICE OF THE ISSUANCE OF 915
THE ORDER TO JUDICIAL AND LAW ENFORCEMENT OFFICIALS IN A COUNTY 916
OF THIS STATE BY REGISTERING THE ORDER IN THAT COUNTY AND FILING 917
A COPY OF THE REGISTERED ORDER WITH A LAW ENFORCEMENT AGENCY IN 918
THAT COUNTY. TO REGISTER THE ORDER, THE PERSON SHALL OBTAIN A 919
CERTIFIED COPY OF THE ORDER FROM THE CLERK OF THE COURT THAT 920
ISSUED THE ORDER AND PRESENT THAT CERTIFIED COPY TO THE CLERK OF 921
THE COURT OF COMMON PLEAS OR THE CLERK OF A MUNICIPAL COURT OR 922
COUNTY COURT IN THE COUNTY IN WHICH THE ORDER IS TO BE 923
REGISTERED. UPON ACCEPTING THE CERTIFIED COPY OF THE ORDER FOR 924
REGISTRATION, THE CLERK SHALL PLACE AN ENDORSEMENT OF 925
REGISTRATION ON THE ORDER AND GIVE THE PERSON A COPY OF THE ORDER 926
THAT BEARS PROOF OF REGISTRATION. THE PERSON THEN MAY FILE WITH 927
A LAW ENFORCEMENT AGENCY IN THAT COUNTY A COPY OF THE ORDER THAT 928
BEARS PROOF OF REGISTRATION. 929
(C) THE CLERK OF EACH COURT OF COMMON PLEAS AND THE CLERK 932
OF EACH MUNICIPAL COURT AND COUNTY COURT SHALL MAINTAIN A 933
REGISTRY OF CERTIFIED COPIES OF PROTECTION ORDERS ISSUED BY 934
COURTS OF ANOTHER STATE THAT HAVE BEEN REGISTERED WITH THE CLERK. 935
EACH LAW ENFORCEMENT AGENCY SHALL ESTABLISH AND MAINTAIN A 936
REGISTRY FOR PROTECTION ORDERS DELIVERED TO THE AGENCY PURSUANT 937
TO THIS SECTION. THE AGENCY SHALL NOTE IN THE REGISTRY THE DATE 938
AND TIME THAT THE AGENCY RECEIVED AN ORDER. 939
(D) AN OFFICER OF A LAW ENFORCEMENT AGENCY SHALL ENFORCE A 942
PROTECTION ORDER ISSUED BY A COURT OF ANOTHER STATE IN ACCORDANCE 943
WITH THE PROVISIONS OF THE ORDER, INCLUDING REMOVING THE OFFENDER 944
FROM THE PREMISES, REGARDLESS OF WHETHER THE ORDER IS REGISTERED 945
IN THE COUNTY IN WHICH THE OFFICER'S AGENCY HAS JURISDICTION. 946
Sec. 2935.032. (A) Not later than ninety days after the 955
effective date of this section, each agency, instrumentality, or 956
political subdivision that is served by any peace officer 957
described in division (B)(1) of section 2935.03 of the Revised 958
Code shall adopt, in accordance with division (E) of this 959
section, written policies, written procedures implementing the 960
23
policies, and other written procedures for the peace officers who 961
serve it to follow in implementing division (B)(3) of section 962
2935.03 of the Revised Code and for their appropriate response to 963
each report of an alleged incident of the offense of domestic 964
violence or an alleged incident of the offense of violating a 965
protection order or consent agreement. The policies and 966
procedures shall conform to and be consistent with the provisions 967
of divisions (B)(1) and (B)(3) of section 2935.03 of the Revised 968
Code and divisions (B) to (D) of this section. Each policy 969
adopted under this division shall include, but not be limited to, 970
all of the following: 971
(1) Provisions specifying that, if a peace officer who 973
serves the agency, instrumentality, or political subdivision 974
responds to an alleged incident of the offense of domestic 975
violence, an alleged incident of the offense of violating a 976
protection order or consent agreement, or an alleged incident of 977
any other offense, both of the following apply: 978
(a) If the officer determines that there are reasonable 980
grounds to believe that a person knowingly caused serious 981
physical harm to another or knowingly caused or attempted to 982
cause physical harm to another by means of a deadly weapon or 983
dangerous ordnance, as defined in section 2923.11 of the Revised 984
Code, then, regardless of whether the victim of the offense was a 985
family or household member of the offender, the officer shall 986
treat the incident as felonious assault, shall consider the 987
offender to have committed and the victim to have been the victim 988
of felonious assault, shall consider the offense that was 989
committed to have been felonious assault in determining the 990
manner in which the offender should be treated, and shall comply 991
with whichever of the following is applicable: 992
(i) Unless the officer has reasonable cause to believe 994
that, during the incident, the offender who committed the 995
felonious assault and one or more other persons committed 996
offenses against each other, the officer shall arrest the 997
24
offender who committed the felonious assault pursuant to section 998
2935.03 of the Revised Code and shall detain him THAT OFFENDER 999
pursuant to that section until a warrant can be obtained, and the 1,001
arrest shall be for felonious assault. 1,002
(ii) If the officer has reasonable cause to believe that, 1,004
during the incident, the offender who committed the felonious 1,005
assault and one or more other persons committed offenses against 1,006
each other, the officer shall determine in accordance with 1,007
division (B)(3)(d) of section 2935.03 of the Revised Code which 1,008
of those persons is the primary physical aggressor. If the 1,009
offender who committed the felonious assault is the primary 1,010
physical aggressor, the officer shall arrest that offender for 1,011
felonious assault pursuant to section 2935.03 of the Revised Code 1,012
and shall detain him THAT OFFENDER pursuant to that section until 1,014
a warrant can be obtained, and the officer is not required to 1,015
arrest but may arrest pursuant to section 2935.03 of the Revised 1,016
Code any other person who committed an offense but who is not the 1,017
primary physical aggressor. If the offender who committed the 1,018
felonious assault is not the primary physical aggressor, the 1,019
officer is not required to arrest that offender or any other 1,020
person who committed an offense during the incident but may 1,021
arrest any of them pursuant to section 2935.03 of the Revised 1,022
Code and detain them pursuant to that section until a warrant can 1,023
be obtained.
(b) If the officer determines that there are reasonable 1,025
grounds to believe that a person, while under the influence of 1,026
sudden passion or in a sudden fit of rage, either of which is 1,027
brought on by serious provocation occasioned by the victim that 1,028
is reasonably sufficient to incite the person into using deadly 1,029
force, knowingly caused serious physical harm to another or 1,030
knowingly caused or attempted to cause physical harm to another 1,031
by means of a deadly weapon or dangerous ordnance, as defined in 1,032
section 2923.11 of the Revised Code, then, regardless of whether 1,033
the victim of the offense was a family or household member of the 1,034
25
offender, the officer shall treat the incident as aggravated 1,035
assault, shall consider the offender to have committed and the 1,036
victim to have been the victim of aggravated assault, shall 1,037
consider the offense that was committed to have been aggravated 1,038
assault in determining the manner in which the offender should be 1,039
treated, and shall comply with whichever of the following is 1,040
applicable: 1,041
(i) Unless the officer has reasonable cause to believe 1,043
that, during the incident, the offender who committed the 1,044
aggravated assault and one or more other persons committed 1,045
offenses against each other, the officer shall arrest the 1,046
offender who committed the aggravated assault pursuant to section 1,047
2935.03 of the Revised Code and shall detain him THAT OFFENDER 1,048
pursuant to that section until a warrant can be obtained, and the 1,050
arrest shall be for aggravated assault. 1,051
(ii) If the officer has reasonable cause to believe that, 1,053
during the incident, the offender who committed the aggravated 1,054
assault and one or more other persons committed offenses against 1,055
each other, the officer shall determine in accordance with 1,056
division (B)(3)(d) of section 2935.03 of the Revised Code which 1,057
of those persons is the primary physical aggressor. If the 1,058
offender who committed the aggravated assault is the primary 1,059
physical aggressor, the officer shall arrest that offender for 1,060
aggravated assault pursuant to section 2935.03 of the Revised 1,061
Code and shall detain him THAT OFFENDER pursuant to that section 1,062
until a warrant can be obtained, and the officer is not required 1,064
to arrest but may arrest pursuant to section 2935.03 of the 1,065
Revised Code any other person who committed an offense but who is 1,066
not the primary physical aggressor. If the offender who 1,067
committed the aggravated assault is not the primary physical 1,068
aggressor, the officer is not required to arrest that offender or 1,069
any other person who committed an offense during the incident but 1,070
may arrest any of them pursuant to section 2935.03 of the Revised 1,071
Code and detain them pursuant to that section until a warrant can 1,072
26
be obtained. 1,073
(2) Provisions requiring the peace officers who serve the 1,075
agency, instrumentality, or political subdivision to do all of 1,076
the following: 1,077
(a) Respond without undue delay to a report of an alleged 1,079
incident of the offense of domestic violence or the offense of 1,080
domestic violence or the offense of violating a protection order 1,081
or consent agreement; 1,082
(b) If the alleged offender has been granted pretrial 1,084
release from custody on a prior charge of the offense of domestic 1,085
violence or the offense of violating a protection order or 1,086
consent agreement and has violated one or more conditions of that 1,087
pretrial release, document the facts and circumstances of the 1,088
violation in the report to the law enforcement agency he serves 1,089
that he THE PEACE OFFICER makes pursuant to division (D) of this 1,090
section; 1,091
(c) Separate the victim of the offense of domestic 1,093
violence or the offense of violating a protection order or 1,094
consent agreement and the alleged offender, conduct separate 1,095
interviews with the victim and the alleged offender in separate 1,096
locations, and take a written statement from the victim that 1,097
indicates the frequency and severity of any prior incidents of 1,098
physical abuse of the victim by the alleged offender, the number 1,099
of times the victim has called peace officers for assistance, and 1,100
the disposition of those calls, if known; 1,101
(d) Comply with divisions (B)(1) and (B)(3) of section 1,103
2935.03 of the Revised Code and with divisions (B), (C), and (D) 1,104
of this section. 1,105
(3) Sanctions to be imposed upon a peace officer who 1,107
serves the agency, instrumentality, or political subdivision and 1,108
who fails to comply with any provision in the policy or with 1,109
division (B)(1) or (B)(3) of section 2935.03 of the Revised Code 1,110
or division (B), (C), or (D) of this section. 1,111
(4) Examples of reasons that a peace officer may consider 1,113
27
for not arresting and detaining until a warrant can be obtained a 1,114
person who allegedly committed the offense of domestic violence 1,115
or the offense of violating a protection order or consent 1,116
agreement when it is the preferred course of action in this state 1,117
that the officer arrest the alleged offender, as described in 1,118
division (B)(3)(b) of section 2935.03 of the Revised Code. 1,119
(B)(1) Nothing in this section or in division (B)(1) or 1,121
(B)(3) of section 2935.03 of the Revised Code precludes an 1,122
agency, instrumentality, or political subdivision that is served 1,123
by any peace officer described in division (B)(1) of section 1,124
2935.03 of the Revised Code from including in the policy it 1,125
adopts under division (A) of this section either of the following 1,126
types of provisions: 1,127
(a) A provision that requires the peace officers who serve 1,129
it, if they have reasonable grounds to believe that the offense 1,130
of domestic violence or the offense of violating a protection 1,131
order or consent agreement has been committed within the limits 1,132
of the jurisdiction of the agency, instrumentality, or political 1,133
subdivision and reasonable cause to believe that a particular 1,134
person committed the offense, to arrest the alleged offender; 1,135
(b) A provision that does not require the peace officers 1,137
who serve it, if they have reasonable grounds to believe that the 1,138
offense of domestic violence or the offense of violating a 1,139
protection order or consent agreement has been committed within 1,140
the limits of the jurisdiction of the agency, instrumentality, or 1,141
political subdivision and reasonable cause to believe that a 1,142
particular person committed the offense, to arrest the alleged 1,143
offender, but that grants the officers less discretion in those 1,144
circumstances in deciding whether to arrest the alleged offender 1,145
than peace officers are granted by divisions (B)(1) and (B)(3) of 1,146
section 2935.03 of the Revised Code. 1,147
(2) If an agency, instrumentality, or political 1,149
subdivision that is served by any peace officer described in 1,150
division (B)(1) of section 2935.03 of the Revised Code includes 1,151
28
in the policy it adopts under division (A) of this section a 1,152
provision of the type described in division (B)(1)(a) or (b) of 1,153
this section, the peace officers who serve the agency, 1,154
instrumentality, or political subdivision shall comply with the 1,155
provision in making arrests authorized under division (B)(1) of 1,156
section 2935.03 of the Revised Code. 1,157
(C) When a peace officer described in division (B)(1) of 1,159
section 2935.03 of the Revised Code investigates a report of an 1,160
alleged incident of the offense of domestic violence or an 1,161
alleged incident of the offense of violating a protection order 1,162
or consent agreement, the officer shall do all of the following: 1,163
(1) Complete a domestic violence report in accordance with 1,165
division (D) of this section; 1,166
(2) Advise the victim of the availability of a temporary 1,168
protection order pursuant to section 2919.26 of the Revised Code 1,169
or a protection order or consent agreement pursuant to section 1,170
3113.31 of the Revised Code; 1,171
(3) Give the victim the officer's name, the officer's 1,173
badge number if the officer has a badge and the badge has a 1,174
number, the report number for the incident if a report number is 1,175
available at the time of the officer's investigation, a telephone 1,176
number that the victim can call for information about the case, 1,177
the telephone number of a domestic violence shelter in the area, 1,178
and information on any local victim advocate program. 1,179
(D) A peace officer who investigates a report of an 1,181
alleged incident of the offense of domestic violence or an 1,182
alleged incident of the offense of violating a protection order 1,183
or consent agreement shall make a written report of the incident 1,184
whether or not an arrest is made. The report shall document the 1,185
officer's observations of the victim and the alleged offender, 1,186
any visible injuries of the victim or alleged offender, any 1,187
weapons at the scene, the actions of the alleged offender, any 1,188
statements made by the victim or witnesses, and any other 1,189
significant facts or circumstances. If the officer does not 1,190
29
arrest and detain until a warrant can be obtained a person who 1,191
allegedly committed the offense of domestic violence or the 1,192
offense of violating a protection order or consent agreement when 1,193
it is the preferred course of action in this state pursuant to 1,194
division (B)(3)(b) of section 2935.03 of the Revised Code that 1,195
the alleged offender be arrested, the officer must articulate in 1,196
the report a clear statement of his THE OFFICER'S reasons for not 1,198
arresting and detaining that alleged offender until a warrant can
be obtained. The officer shall submit the written report to the 1,200
law enforcement agency to which he THE OFFICER has been 1,201
appointed, employed, or elected. 1,203
(E) Each agency, instrumentality, or political subdivision 1,205
that is required to adopt policies and procedures under division 1,206
(A) of this section shall adopt those policies and procedures in 1,207
conjunction and consultation with shelters in the community for 1,208
victims of domestic violence and private organizations, law 1,209
enforcement agencies, and other public agencies in the community 1,210
that have expertise in the recognition and handling of domestic 1,211
violence cases. 1,212
(F) A PEACE OFFICER WHO IN GOOD FAITH ARRESTS AN OFFENDER 1,215
FOR THE OFFENSE OF VIOLATING A PROTECTION ORDER WITH RESPECT TO A 1,216
PROTECTION ORDER OR CONSENT AGREEMENT THAT ON ITS FACE IS VALID 1,217
IS IMMUNE FROM LIABILITY IN A CIVIL ACTION FOR DAMAGES FOR 1,218
INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY WAS 1,219
CAUSED BY OR RELATED TO THE ARREST. 1,220
(G) EACH AGENCY, INSTRUMENTALITY, OR POLITICAL SUBDIVISION 1,223
DESCRIBED IN DIVISION (A) OF THIS SECTION THAT ARRESTS AN 1,225
OFFENDER FOR AN ALLEGED INCIDENT OF THE OFFENSE OF DOMESTIC 1,226
VIOLENCE OR AN ALLEGED INCIDENT OF THE OFFENSE OF VIOLATING A 1,227
PROTECTION ORDER SHALL CONSIDER REFERRING THE CASE TO FEDERAL 1,228
AUTHORITIES FOR PROSECUTION UNDER FEDERAL LAW IF THE INCIDENT 1,229
CONSTITUTES A VIOLATION OF FEDERAL LAW.
(H) AS USED IN THIS SECTION, "THE OFFENSE OF VIOLATING A 1,232
PROTECTION ORDER" INCLUDES THE FORMER OFFENSE OF VIOLATING A 1,233
30
PROTECTION ORDER OR CONSENT AGREEMENT OR ANTI-STALKING PROTECTION 1,234
ORDER AS SET FORTH IN FORMER SECTION 2919.27 OF THE REVISED CODE. 1,237
Sec. 2937.23. (A) In a case involving a felony, the judge 1,247
or magistrate shall fix the amount of bail. In a case involving
a misdemeanor or a violation of a municipal ordinance and not 1,248
involving a felony, the judge, magistrate, or clerk of the court 1,249
may fix the amount of bail and may do so in accordance with a 1,250
schedule previously fixed by the judge or magistrate, or, in a 1,252
case when the judge, magistrate, or clerk of the court is not 1,253
readily available, the sheriff, deputy sheriff, marshal, deputy 1,254
marshal, police officer, or jailer having custody of the person 1,255
charged may fix the amount of bail in accordance with a schedule 1,257
previously fixed by the judge or magistrate and shall take the 1,258
bail only in the county courthouse, the municipal or township 1,259
building, or the county or municipal jail. In all cases, the 1,260
bail shall be fixed with consideration of the seriousness of the 1,261
offense charged, the previous criminal record of the defendant, 1,262
and the probability of the defendant appearing at the trial of 1,263
the case.
(B) In any case involving an alleged violation of section 1,265
2919.27 of the Revised Code or of a municipal ordinance that is 1,266
substantially similar to that section and in which the court 1,267
finds that either of the following criteria applies, the court 1,268
shall determine whether it will order an evaluation of the mental 1,269
condition of the defendant pursuant to section 2919.271 of the 1,270
Revised Code and, if it decides to so order, shall issue the 1,271
order requiring that evaluation before it sets bail for the 1,272
person charged with the violation:
(1) Regarding an alleged violation of a temporary 1,274
protection order or consent agreement, that the violation of the 1,275
order or agreement allegedly involves conduct by the defendant 1,276
that caused physical harm to the person or property of a family 1,277
or household member covered by the order or agreement or conduct 1,278
by that defendant that caused a family or household member to 1,279
31
believe that the defendant would cause physical harm to that 1,280
member or that member's property; 1,281
(2) Regarding an alleged violation of an anti-stalking 1,283
protection order OR A PROTECTION ORDER ISSUED BY A COURT OF 1,284
ANOTHER STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE, 1,285
that the violation of the order allegedly involves conduct by the 1,287
defendant that caused physical harm to the person or property of 1,288
the person covered by the order or conduct by that defendant that 1,289
caused the person covered by the order to believe that the 1,290
defendant would cause physical harm to that person or that 1,291
person's property.
Sec. 3113.31. (A) As used in this section: 1,300
(1) "Domestic violence" means the occurrence of one or 1,302
more of the following acts against a family or household member: 1,303
(a) Attempting to cause or recklessly causing bodily 1,305
injury; 1,306
(b) Placing another person by the threat of force in fear 1,308
of imminent serious physical harm or committing a violation of 1,309
section 2903.211 or 2911.211 of the Revised Code; 1,310
(c) Committing any act with respect to a child that would 1,312
result in the child being an abused child, as defined in section 1,313
2151.031 of the Revised Code. 1,314
(2) "Court" means the domestic relations division of the 1,316
court of common pleas in counties that have a domestic relations 1,317
division, and the court of common pleas in counties that do not 1,318
have a domestic relations division. 1,319
(3) "Family or household member" means any of the 1,321
following: 1,322
(a) Any of the following who is residing with or has 1,324
resided with the respondent: 1,325
(i) A spouse, a person living as a spouse, or a former 1,327
spouse of the respondent; 1,328
(ii) A parent or a child of the respondent, or another 1,330
person related by consanguinity or affinity to the respondent; 1,331
32
(iii) A parent or a child of a spouse, person living as a 1,333
spouse, or former spouse of the respondent, or another person 1,334
related by consanguinity or affinity to a spouse, person living 1,335
as a spouse, or former spouse of the respondent. 1,336
(b) The ALLEGED natural parent of any child of whom the 1,338
respondent is the other natural parent. 1,340
(4) "Person living as a spouse" means a person who is 1,342
living or has lived with the respondent in a common law marital 1,343
relationship, who otherwise is cohabiting with the respondent, or 1,345
who otherwise has cohabited with the respondent within one year
FIVE YEARS prior to the date of the alleged occurrence of the act 1,347
in question. 1,348
(5) "Victim advocate" means a person who provides support 1,350
and assistance for a person who files a petition under this 1,351
section.
(B) The court has jurisdiction over all proceedings under 1,353
this section. The petitioner's right to relief under this 1,354
section is not affected by leaving the residence or household to 1,356
avoid further domestic violence.
(C) A person may seek relief under this section for the 1,359
person, or any parent or adult household member may seek relief 1,360
under this section on behalf of any other family or household 1,361
member, by filing a petition with the court. The petition shall 1,362
contain or state: 1,363
(1) An allegation that the respondent engaged in domestic 1,365
violence against a family or household member of the respondent, 1,366
including a description of the nature and extent of the domestic 1,367
violence; 1,368
(2) The relationship of the respondent to the petitioner, 1,370
and to the victim if other than the petitioner; 1,371
(3) A request for relief under this section. 1,373
(D) If a person who files a petition pursuant to this 1,375
section requests an ex parte order, the court shall hold an ex 1,376
parte hearing on the same day that the petition is filed. The 1,377
33
court may, for good cause shown at the ex parte hearing, enter 1,378
any temporary orders, with or without bond, including, but not 1,379
limited to, an order described in division (E)(1)(a), (b), or (c) 1,380
of this section, that the court finds necessary to protect the 1,381
family or household member from domestic violence. Immediate and 1,382
present danger of domestic violence to the family or household 1,383
member constitutes good cause for purposes of this section. 1,384
Immediate and present danger includes, but is not limited to, 1,385
situations in which the respondent has threatened the family or 1,386
household member with bodily harm or in which the respondent has 1,387
previously engaged in domestic violence against the family or 1,388
household member. 1,389
If the court, after an ex parte hearing, issues an order 1,391
described in division (E)(1)(b) or (c) of this section, the court 1,392
shall schedule a full hearing that shall be held, within seven 1,393
court days after the ex parte hearing, SHALL SCHEDULE A FULL 1,394
HEARING. If any other type of protection order that is 1,395
authorized under division (E) of this section is issued by the 1,396
court after an ex parte hearing, the full hearing shall be held 1,398
COURT, within ten days after the ex parte hearing, SHALL SCHEDULE 1,399
A FULL HEARING. The respondent shall be given notice of, and an 1,400
opportunity to be heard at, the full hearing. AN EX PARTE ORDER 1,401
ISSUED UNDER THIS SECTION DOES NOT EXPIRE BECAUSE OF A FAILURE TO 1,403
SERVE NOTICE UPON THE RESPONDENT BEFORE THE DATE SET FOR THE 1,404
HEARING OR BECAUSE THE COURT GRANTS A CONTINUANCE SO THAT NOTICE 1,405
MAY BE SERVED UPON THE RESPONDENT.
If a person who files a petition pursuant to this section 1,407
does not request an ex parte order, or if a person requests an ex 1,408
parte order but the court does not issue an ex parte order after 1,409
an ex parte hearing, the court shall proceed as in a normal civil 1,410
action and grant a full hearing on the matter. 1,411
(E)(1) After an ex parte or full hearing, the court may 1,413
grant any protection order, with or without bond, or approve any 1,414
consent agreement to bring about a cessation of domestic violence 1,415
34
against the family or household members. The order or agreement 1,416
may: 1,417
(a) Direct the respondent to refrain from abusing the 1,419
family or household members; 1,420
(b) Grant possession of the residence or household to the 1,422
petitioner or other family or household member, to the exclusion 1,423
of the respondent, by evicting the respondent, when the residence 1,424
or household is owned or leased solely by the petitioner or other 1,425
family or household member, or by ordering the respondent to 1,426
vacate the premises, when the residence or household is jointly 1,427
owned or leased by the respondent, and the petitioner or other 1,428
family or household member; 1,429
(c) When the respondent has a duty to support the 1,431
petitioner or other family or household member living in the 1,432
residence or household and the respondent is the sole owner or 1,433
lessee of the residence or household, grant possession of the 1,434
residence or household to the petitioner or other family or 1,435
household member, to the exclusion of the respondent, by ordering 1,436
the respondent to vacate the premises, or, in the case of a 1,437
consent agreement, allow the respondent to provide suitable, 1,438
alternative housing; 1,439
(d) Temporarily allocate parental rights and 1,441
responsibilities for the care of, or establish temporary 1,443
visitation rights with regard to, minor children, if no other 1,444
court has determined, or is determining, the allocation of 1,445
parental rights and responsibilities for the minor children or 1,446
visitation rights; 1,447
(e) Require the respondent to maintain support, if the 1,449
respondent customarily provides for or contributes to the support 1,450
of the family or household member, or if the respondent has a 1,451
duty to support the petitioner or family or household member; 1,452
(f) Require the respondent, petitioner, victim of domestic 1,454
violence, or any combination of those persons, to seek 1,455
counseling; 1,456
35
(g) Require the respondent to refrain from entering the 1,458
residence, school, business, or place of employment of the 1,459
petitioner or family or household member; 1,460
(h) Grant other relief that the court considers equitable 1,462
and fair, including, but not limited to, ordering the respondent 1,463
to permit the use of a motor vehicle by the petitioner or other 1,464
family or household member and the apportionment of household and 1,465
family personal property. 1,466
(2) If a protection order has been issued pursuant to this 1,468
section in a prior action involving the respondent and the 1,469
petitioner or one or more of the family or household members, the 1,470
court may include in a protection order that it issues a 1,471
prohibition against the respondent returning to the residence or 1,472
household and a prohibition against the petitioner inviting or 1,473
admitting the respondent to the residence or household while the 1,474
order is in effect. 1,475
(3)(a) Any protection order or approved consent agreement 1,477
shall be valid until a date certain, but not later than two FIVE 1,478
years from the date of its issuance or approval. 1,480
(b) Subject to the limitation on the duration of an order 1,482
or agreement set forth in division (E)(3)(a) of this section, any 1,483
order under division (E)(1)(d) of this section shall terminate on 1,484
the date that a court in an action for divorce, dissolution of 1,486
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 1,487
responsibilities for the care of children or on the date that a 1,488
juvenile court in an action brought by the petitioner or 1,489
respondent issues an order awarding legal custody of minor 1,490
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 1,491
order under division (E)(1)(e) of this section shall terminate on 1,492
the date that a court in an action for divorce, dissolution of 1,493
marriage, or legal separation brought by the petitioner or 1,494
respondent issues a support order or on the date that a juvenile 1,495
36
court in an action brought by the petitioner or respondent issues
a support order. 1,496
(c) Any protection order issued or consent agreement 1,499
approved pursuant to this section may be renewed in the same 1,500
manner as the original order or agreement was issued or approved. 1,501
(4) A court may not issue a protection order that requires 1,503
a petitioner to do or to refrain from doing an act that the court 1,504
may require a respondent to do or to refrain from doing under 1,505
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 1,506
section unless all of the following apply:
(a) The respondent files a separate petition for a 1,508
protection order in accordance with this section. 1,509
(b) The petitioner is served notice of the respondent's 1,511
petition at least forty-eight hours before the court holds a 1,512
hearing with respect to the respondent's petition, or the 1,513
petitioner waives the right to receive this notice. 1,514
(c) If the petitioner has requested an ex parte order 1,516
pursuant to division (D) of this section, the court does not 1,517
delay any hearing required by that division beyond the time 1,518
specified in that division in order to consolidate the hearing 1,519
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 1,521
evidence in support of the request for a protection order and the 1,522
petitioner is afforded an opportunity to defend against that 1,523
evidence, the court determines that the petitioner has committed 1,524
an act of domestic violence or has violated a temporary 1,525
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 1,526
primarily as aggressors, and that neither the petitioner nor the 1,527
respondent acted primarily in self-defense. 1,528
(5) No order or agreement under this section shall in any 1,530
manner affect title to any real property. 1,531
(6)(a) If a petitioner, or the child of a petitioner, who 1,533
obtains a protection order or consent agreement pursuant to 1,534
37
division (E)(1) of this section or a temporary protection order 1,535
pursuant to section 2919.26 of the Revised Code and is the 1,536
subject of a visitation or companionship order issued pursuant to 1,537
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 1,538
division (E)(1)(d) of this section granting visitation or 1,539
companionship rights to the respondent, the court may require the 1,540
public children services agency of the county in which the court 1,541
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 1,542
a period not to exceed nine months, if the court makes the 1,543
following findings of fact: 1,544
(i) The child is in danger from the respondent; 1,546
(ii) No other person or agency is available to provide the 1,548
supervision or other services. 1,549
(b) A court that requires an agency to provide supervision 1,551
or other services pursuant to division (E)(6)(a) of this section 1,553
shall order the respondent to reimburse the agency for the cost 1,554
of providing the supervision or other services, if it determines
that the respondent has sufficient income or resources to pay 1,555
that cost.
(7) IF AN ORDER OR AGREEMENT ISSUED OR APPROVED UNDER THIS 1,558
SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE EVICTED 1,559
FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM 1,560
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT 1,561
OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER OR 1,562
AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR AGREEMENT CANNOT 1,563
BE WAIVED OR NULLIFIED BY AN INVITATION TO THE RESPONDENT FROM 1,564
THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER TO ENTER THE 1,565
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE 1,566
RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE 1,567
CONSENT OF THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER. 1,568
(F)(1) A copy of any protection order, or consent 1,570
agreement, that is issued or approved under this section shall be 1,571
issued by the court to the petitioner, to the respondent, and to 1,572
38
all law enforcement agencies that have jurisdiction to enforce 1,573
the order or agreement. The court shall direct that a copy of an 1,574
order be delivered to the respondent on the same day that the 1,575
order is entered. 1,576
(2) All law enforcement agencies shall establish and 1,578
maintain an index for the protection orders and the approved 1,579
consent agreements delivered to the agencies pursuant to division 1,580
(F)(1) of this section. With respect to each order and consent 1,581
agreement delivered, each agency shall note on the index, the 1,582
date and time that it received the order or consent agreement. 1,583
(3) Regardless of whether the petitioner has registered 1,585
the order or agreement in the county in which the officer's 1,586
agency has jurisdiction pursuant to division (N) of this section, 1,587
any officer of a law enforcement agency shall enforce a 1,589
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 1,591
order or agreement, including removing the respondent from the 1,592
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 1,594
in accordance with the Rules of Civil Procedure, except that an 1,595
order under this section may be obtained with or without bond. 1,596
AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER, 1,597
THAT GRANTS A PROTECTION ORDER OR THAT REFUSES TO GRANT A 1,598
PROTECTION ORDER IS A FINAL, APPEALABLE ORDER. The remedies and 1,600
procedures provided in this section are in addition to, and not 1,601
in lieu of, any other available civil or criminal remedies. 1,602
(H) The filing of proceedings under this section does not 1,604
excuse a person from filing any report or giving any notice 1,605
required by section 2151.421 of the Revised Code or by any other 1,606
law. When a petition under this section alleges domestic 1,607
violence against minor children, the court shall report the fact, 1,608
or cause reports to be made, to a county, township, or municipal 1,609
peace officer under section 2151.421 of the Revised Code. 1,610
(I) Any law enforcement agency that investigates a 1,612
39
domestic dispute shall provide information to the family or 1,613
household members involved regarding the relief available under 1,614
this section and section 2919.26 of the Revised Code. 1,615
(J) Notwithstanding any provision of law to the contrary, 1,617
no court shall charge a fee for the filing of a petition pursuant 1,618
to this section. 1,619
(K)(1) Each order for support made or modified under this 1,621
section on or after December 31, 1993, shall include as part of 1,622
the order a general provision, as described in division (A)(1) of 1,623
section 3113.21 of the Revised Code, requiring the withholding or 1,624
deduction of wages or assets of the obligor under the order as 1,625
described in division (D) of section 3113.21 of the Revised Code 1,626
or another type of appropriate requirement as described in 1,627
division (D)(6), (D)(7), or (H) of that section, to ensure that 1,628
withholding or deduction from the wages or assets of the obligor 1,629
is available from the commencement of the support order for 1,630
collection of the support and of any arrearages that occur; a 1,631
statement requiring all parties to the order to notify the child 1,632
support enforcement agency in writing of their current mailing 1,633
address, their current residence address, and any changes in 1,634
either address; and a notice that the requirement to notify the 1,635
agency of all changes in either address continues until further 1,636
notice from the court. The court shall comply with sections 1,637
3113.21 to 3113.219 of the Revised Code when it makes or modifies 1,638
an order for child support under this section on or after April 1,639
12, 1990. 1,640
If any person required to pay child support under an order 1,642
made under this section on or after April 15, 1985, or modified 1,643
under this section on or after December 31, 1986, is found in 1,644
contempt of court for failure to make support payments under the 1,645
order, the court that makes the finding, in addition to any other 1,646
penalty or remedy imposed, shall assess all court costs arising 1,647
out of the contempt proceeding against the person and require the 1,648
person to pay any reasonable attorney's fees of any adverse 1,649
40
party, as determined by the court, that arose in relation to the 1,650
act of contempt. 1,651
(2) Notwithstanding section 3109.01 of the Revised Code, 1,653
if a court issues a child support order under this section, the 1,654
order shall remain in effect beyond the child's eighteenth 1,655
birthday as long as the child continuously attends on a full-time 1,656
basis any recognized and accredited high school. Any parent 1,657
ordered to pay support under a child support order issued under 1,658
this section shall continue to pay support under the order, 1,659
including during seasonal vacation periods, until the order 1,660
terminates. 1,661
(L)(1) A person who violates a protection order issued or 1,663
a consent agreement approved under this section is subject to the 1,664
following sanctions: 1,665
(a) Criminal prosecution for a violation of section 1,667
2919.27 of the Revised Code, if the violation of the protection 1,668
order or consent agreement constitutes a violation of that 1,669
section; 1,670
(b) Punishment for contempt of court. 1,672
(2) The punishment of a person for contempt of court for 1,674
violation of a protection order issued or a consent agreement 1,675
approved under this section does not bar criminal prosecution of 1,676
the person for a violation of section 2919.27 of the Revised 1,677
Code. However, a person punished for contempt of court is 1,678
entitled to credit for the punishment imposed upon conviction of 1,679
a violation of that section, and a person convicted of a 1,680
violation of that section shall not subsequently be punished for 1,681
contempt of court arising out of the same activity. 1,682
(M) In all stages of a proceeding under this section, a 1,684
petitioner may be accompanied by a victim advocate. 1,685
(N)(1) A petitioner who obtains a protection order or 1,687
consent agreement under this section or a temporary protection 1,688
order under section 2919.26 of the Revised Code may provide 1,689
notice of the issuance or approval of the order or agreement to 1,690
41
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 1,691
approved by registering that order or agreement in the other 1,692
county pursuant to division (N)(2) of this section and filing a 1,693
copy of the registered order or registered agreement with a law 1,694
enforcement agency in the other county in accordance with that 1,695
division.
(2) A petitioner may register a temporary protection 1,697
order, protection order, or consent agreement in a county other 1,698
than the county in which the court that issued the order or 1,699
approved the agreement is located in the following manner: 1,700
(a) The petitioner shall obtain a certified copy of the 1,702
order or agreement from the clerk of the court that issued the 1,703
order or approved the agreement and present that certified copy 1,704
to the clerk of the court of common pleas or the clerk of a 1,705
municipal court in the county in which the order or agreement is 1,706
to be registered.
(b) Upon accepting the certified copy of the order or 1,708
agreement for registration, the clerk of the court of common 1,709
pleas or municipal court shall place an endorsement of 1,710
registration on the order or agreement and give the petitioner a 1,711
copy of the order or agreement that bears that proof of
registration. 1,712
(3) The clerk of each court of common pleas and the clerk 1,714
of each municipal court shall maintain a registry of certified 1,715
copies of temporary protection orders, protection orders, or 1,716
consent agreements that have been issued or approved by courts in 1,717
other counties and that have been registered with the clerk. 1,718
(4) If a petitioner who obtains a protection order or 1,720
consent agreement under this section or a temporary protection 1,721
order under section 2919.26 of the Revised Code wishes to 1,722
register the order or agreement in any county other than the 1,723
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 1,724
42
and if the petitioner is indigent, both of the following apply: 1,725
(a) If the petitioner submits to the clerk of the court 1,727
that issued the order or approved the agreement satisfactory 1,728
proof that the petitioner is indigent, the clerk may waive any 1,729
fee that otherwise would be required for providing the petitioner 1,730
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 1,731
(b) If the petitioner submits to the clerk of the court of 1,733
common pleas or the clerk of a municipal court in the county in 1,734
which the order or agreement is to be registered satisfactory 1,735
proof that the petitioner is indigent, the clerk may waive any 1,736
fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 1,737
placing an endorsement of registration on the order or agreement, 1,738
or for giving the petitioner a copy of the order or agreement 1,739
that bears the proof of registration. 1,740
(O) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1,742
1997. 1,743
Sec. 3113.33. As used in sections 3113.33 to 3113.39 of 1,752
the Revised Code: 1,753
(A) "Domestic violence" means attempting to cause or 1,755
causing bodily injury to a family or household member, or placing 1,756
a family or household member by threat of force in fear of 1,757
imminent physical harm. 1,758
(B) "Family or household member" means any of the 1,760
following: 1,761
(1) Any of the following who is residing or has resided 1,763
with the person committing the domestic violence: 1,764
(a) A spouse, a person living as a spouse, or a former 1,766
spouse of the person committing the domestic violence; 1,767
(b) A parent or child of the person committing the 1,769
domestic violence, or another person related by consanguinity or 1,770
affinity to the person committing the domestic violence; 1,771
(c) A parent or a child of a spouse, person living as a 1,773
43
spouse, or former spouse of the person committing the domestic 1,774
violence, or another person related by consanguinity or affinity 1,775
to a spouse, person living as a spouse, or former spouse of the 1,776
person committing the domestic violence; 1,777
(d) The dependents of any person listed in division 1,779
(B)(1)(a), (b), or (c) of this section. 1,780
(2) The ALLEGED natural parent of any child of whom the 1,782
person committing the domestic violence is the other natural 1,784
parent.
(C) "Shelter for victims of domestic violence" or 1,786
"shelter" means a facility that provides temporary residential 1,787
service or facilities to family or household members who are 1,788
victims of domestic violence. 1,789
(D) "Person living as a spouse" means a person who is 1,791
living or has lived with the person committing the domestic 1,792
violence in a common law marital relationship, who otherwise is 1,793
cohabiting with the person committing the domestic violence, or 1,795
who otherwise has cohabited with the person committing the 1,796
domestic violence within one year FIVE YEARS prior to the date of 1,798
the alleged occurrence of the act in question. 1,799
Section 2. That existing sections 737.11, 1901.18, 1,801
1901.19, 1907.18, 2919.25, 2919.26, 2919.27, 2919.271, 2935.032, 1,802
2937.23, 3113.31, and 3113.33 of the Revised Code are hereby 1,804
repealed.
Section 3. That section 1901.19 of the Revised Code, as 1,806
amended by Am. Sub. H.B. 438 of the 121st General Assembly, and 1,807
section 3113.31 of the Revised Code, as amended by Sub. H.B. 274 1,808
and Am. Sub. H.B. 438 of the 121st General Assembly, be amended 1,809
to read as follows:
Sec. 1901.19. (A) Subject to the monetary jurisdiction of 1,818
municipal courts as set forth in section 1901.17 of the Revised 1,819
Code and the subject matter jurisdiction of municipal courts as 1,820
set forth in section 1901.18 of the Revised Code, a municipal 1,821
court and a housing or environmental division of a municipal 1,822
44
court have jurisdiction within its territory to perform all of 1,823
the following functions:
(1) To compel attendance of witnesses in any pending 1,825
action or proceeding in the same manner as the court of common 1,826
pleas; 1,827
(2) To issue executions on its own judgments; 1,829
(3) In any legal or equitable action or proceeding, to 1,831
enforce the collection of its own judgments; 1,832
(4) To issue and enforce any order of attachment; 1,834
(5) In any action or proceeding in the nature of 1,836
creditors' bills, and in aid of execution, to subject the 1,837
interest of a judgment debtor in personal property to the payment 1,838
of a judgment of the court; 1,839
(6) To issue and enforce temporary protection orders 1,841
pursuant to section 2919.26 of the Revised Code and anti-stalking 1,842
protection orders pursuant to section 2903.213 of the Revised 1,843
Code AND TO ENFORCE PROTECTION ORDERS ISSUED BY COURTS OF ANOTHER 1,844
STATE, AS DEFINED IN SECTION 2919.27 OF THE REVISED CODE. 1,845
(B) Subject to the limitation set forth in this division, 1,847
a municipal court or a housing or environmental division of a 1,848
municipal court has jurisdiction outside its territory in a 1,849
proceeding in aid of execution to subject to the payment of the 1,850
judgment the interest in personal property of a judgment debtor 1,851
under a judgment rendered by the court or division. The 1,852
jurisdiction provided in this division includes the county or 1,853
counties in which the territory of the court or division in 1,854
question is situated and any county that is contiguous to that in 1,855
which the court or division is located. A court or division that 1,856
has jurisdiction under this division outside its territory in a 1,857
proceeding in aid of execution has the same powers, duties, and 1,858
functions relative to the proceeding that it has relative to 1,859
proceedings in aid of execution over which it has jurisdiction 1,860
other than under this division. 1,861
(C)(1) In any action for garnishment of personal earnings 1,863
45
brought in a municipal court, the court has jurisdiction to serve 1,864
process pursuant to section 2716.05 of the Revised Code upon a 1,865
garnishee who resides in a county contiguous to that in which the 1,866
court is located. 1,867
(2) In any action for garnishment of property, other than 1,869
personal earnings, brought in a municipal court under section 1,870
2716.11 of the Revised Code, the court has jurisdiction to serve 1,871
process pursuant to section 2716.13 of the Revised Code upon a 1,872
garnishee who resides in a county contiguous to that in which the 1,873
court is located. 1,874
(3) Whenever a motion for attachment is filed in a 1,876
municipal court under section 2715.03 of the Revised Code, the 1,877
court has jurisdiction to serve process pursuant to section 1,878
2715.091 of the Revised Code upon a garnishee who resides in a 1,879
county contiguous to that in which the court is located. 1,880
(D) The municipal court of Cleveland also has jurisdiction 1,882
in all actions and proceedings in the nature of creditors' bills, 1,883
and in aid of execution to subject the interests of a judgment 1,884
debtor in real or personal property to the payment of a judgment 1,885
of the court. In such actions and proceedings, the court may 1,886
proceed to marshal and foreclose all liens on the property 1,887
irrespective of the amount of the lien, and all vested or 1,888
contingent rights in the property. 1,889
Sec. 3113.31. (A) As used in this section: 1,900
(1) "Domestic violence" means the occurrence of one or 1,902
more of the following acts against a family or household member: 1,903
(a) Attempting to cause or recklessly causing bodily 1,905
injury; 1,906
(b) Placing another person by the threat of force in fear 1,908
of imminent serious physical harm or committing a violation of 1,909
section 2903.211 or 2911.211 of the Revised Code; 1,910
(c) Committing any act with respect to a child that would 1,912
result in the child being an abused child, as defined in section 1,913
2151.031 of the Revised Code. 1,914
46
(2) "Court" means the domestic relations division of the 1,916
court of common pleas in counties that have a domestic relations 1,917
division, and the court of common pleas in counties that do not 1,918
have a domestic relations division. 1,919
(3) "Family or household member" means any of the 1,921
following: 1,922
(a) Any of the following who is residing with or has 1,924
resided with the respondent: 1,925
(i) A spouse, a person living as a spouse, or a former 1,927
spouse of the respondent; 1,928
(ii) A parent or a child of the respondent, or another 1,930
person related by consanguinity or affinity to the respondent; 1,931
(iii) A parent or a child of a spouse, person living as a 1,933
spouse, or former spouse of the respondent, or another person 1,934
related by consanguinity or affinity to a spouse, person living 1,935
as a spouse, or former spouse of the respondent. 1,936
(b) The ALLEGED natural parent of any child of whom the 1,938
respondent is the other natural parent. 1,940
(4) "Person living as a spouse" means a person who is 1,942
living or has lived with the respondent in a common law marital 1,943
relationship, who otherwise is cohabiting with the respondent, or 1,945
who otherwise has cohabited with the respondent within one year
FIVE YEARS prior to the date of the alleged occurrence of the act 1,947
in question. 1,948
(5) "Victim advocate" means a person who provides support 1,950
and assistance for a person who files a petition under this 1,951
section.
(B) The court has jurisdiction over all proceedings under 1,953
this section. The petitioner's right to relief under this 1,954
section is not affected by the petitioner's leaving the residence 1,955
or household to avoid further domestic violence. 1,956
(C) A person may seek relief under this section the person 1,958
on the person's own behalf, or any parent or adult household 1,959
member may seek relief under this section on behalf of any other 1,960
47
family or household member, by filing a petition with the court. 1,961
The petition shall contain or state: 1,962
(1) An allegation that the respondent engaged in domestic 1,964
violence against a family or household member of the respondent, 1,965
including a description of the nature and extent of the domestic 1,966
violence; 1,967
(2) The relationship of the respondent to the petitioner, 1,969
and to the victim if other than the petitioner; 1,970
(3) A request for relief under this section. 1,972
(D) If a person who files a petition pursuant to this 1,974
section requests an ex parte order, the court shall hold an ex 1,975
parte hearing on the same day that the petition is filed. The 1,976
court may, for good cause shown at the ex parte hearing, enter 1,977
any temporary orders, with or without bond, including, but not 1,978
limited to, an order described in division (E)(1)(a), (b), or (c) 1,979
of this section, that the court finds necessary to protect the 1,980
family or household member from domestic violence. Immediate and 1,981
present danger of domestic violence to the family or household 1,982
member constitutes good cause for purposes of this section. 1,983
Immediate and present danger includes, but is not limited to, 1,984
situations in which the respondent has threatened the family or 1,985
household member with bodily harm or in which the respondent has 1,986
previously engaged in domestic violence against the family or 1,987
household member. 1,988
If the court, after an ex parte hearing, issues an order 1,990
described in division (E)(1)(b) or (c) of this section, the court 1,991
shall schedule a full hearing that shall be held, within seven 1,992
court days after the ex parte hearing, SHALL SCHEDULE A FULL 1,993
HEARING. If any other type of protection order that is 1,995
authorized under division (E) of this section is issued by the 1,996
court after an ex parte hearing, the full hearing shall be held 1,997
COURT, within ten days after the ex parte hearing, SHALL SCHEDULE 1,999
A FULL HEARING. The respondent shall be given notice of, and an 2,000
opportunity to be heard at, the full hearing. AN EX PARTE ORDER 2,002
48
ISSUED UNDER THIS SECTION DOES NOT EXPIRE BECAUSE OF A FAILURE TO 2,003
SERVE NOTICE UPON THE RESPONDENT BEFORE THE DATE SET FOR THE 2,004
HEARING OR BECAUSE THE COURT GRANTS A CONTINUANCE SO THAT NOTICE 2,005
MAY BE SERVED UPON THE RESPONDENT.
If a person who files a petition pursuant to this section 2,007
does not request an ex parte order, or if a person requests an ex 2,008
parte order but the court does not issue an ex parte order after 2,009
an ex parte hearing, the court shall proceed as in a normal civil 2,010
action and grant a full hearing on the matter. 2,011
(E)(1) After an ex parte or full hearing, the court may 2,013
grant any protection order, with or without bond, or approve any 2,014
consent agreement to bring about a cessation of domestic violence 2,015
against the family or household members. The order or agreement 2,016
may: 2,017
(a) Direct the respondent to refrain from abusing the 2,019
family or household members; 2,020
(b) Grant possession of the residence or household to the 2,022
petitioner or other family or household member, to the exclusion 2,023
of the respondent, by evicting the respondent, when the residence 2,024
or household is owned or leased solely by the petitioner or other 2,025
family or household member, or by ordering the respondent to 2,026
vacate the premises, when the residence or household is jointly 2,027
owned or leased by the respondent, and the petitioner or other 2,028
family or household member; 2,029
(c) When the respondent has a duty to support the 2,031
petitioner or other family or household member living in the 2,032
residence or household and the respondent is the sole owner or 2,033
lessee of the residence or household, grant possession of the 2,034
residence or household to the petitioner or other family or 2,035
household member, to the exclusion of the respondent, by ordering 2,036
the respondent to vacate the premises, or, in the case of a 2,037
consent agreement, allow the respondent to provide suitable, 2,038
alternative housing; 2,039
(d) Temporarily allocate parental rights and 2,041
49
responsibilities for the care of, or establish temporary 2,043
visitation rights with regard to, minor children, if no other 2,044
court has determined, or is determining, the allocation of 2,045
parental rights and responsibilities for the minor children or 2,046
visitation rights; 2,047
(e) Require the respondent to maintain support, if the 2,049
respondent customarily provides for or contributes to the support 2,050
of the family or household member, or if the respondent has a 2,051
duty to support the petitioner or family or household member; 2,052
(f) Require the respondent, petitioner, victim of domestic 2,054
violence, or any combination of those persons, to seek 2,055
counseling; 2,056
(g) Require the respondent to refrain from entering the 2,058
residence, school, business, or place of employment of the 2,059
petitioner or family or household member; 2,060
(h) Grant other relief that the court considers equitable 2,062
and fair, including, but not limited to, ordering the respondent 2,063
to permit the use of a motor vehicle by the petitioner or other 2,064
family or household member and the apportionment of household and 2,065
family personal property. 2,066
(2) If a protection order has been issued pursuant to this 2,068
section in a prior action involving the respondent and the 2,069
petitioner or one or more of the family or household members, the 2,070
court may include in a protection order that it issues a 2,071
prohibition against the respondent returning to the residence or 2,072
household and a prohibition against the petitioner inviting or 2,073
admitting the respondent to the residence or household while the 2,074
order is in effect. 2,075
(3)(a) Any protection order or approved consent agreement 2,077
shall be valid until a date certain, but not later than two FIVE 2,078
years from the date of its issuance or approval. 2,080
(b) Subject to the limitation on the duration of an order 2,082
or agreement set forth in division (E)(3)(a) of this section, any 2,083
order under division (E)(1)(d) of this section shall terminate on 2,084
50
the date that a court in an action for divorce, dissolution of 2,086
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and 2,087
responsibilities for the care of children or on the date that a 2,088
juvenile court in an action brought by the petitioner or 2,089
respondent issues an order awarding legal custody of minor 2,090
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 2,091
order under division (E)(1)(e) of this section shall terminate on 2,092
the date that a court in an action for divorce, dissolution of 2,093
marriage, or legal separation brought by the petitioner or 2,094
respondent issues a support order or on the date that a juvenile 2,095
court in an action brought by the petitioner or respondent issues
a support order. 2,096
(c) Any protection order issued or consent agreement 2,099
approved pursuant to this section may be renewed in the same 2,100
manner as the original order or agreement was issued or approved. 2,101
(4) A court may not issue a protection order that requires 2,103
a petitioner to do or to refrain from doing an act that the court 2,104
may require a respondent to do or to refrain from doing under 2,105
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 2,106
section unless all of the following apply:
(a) The respondent files a separate petition for a 2,108
protection order in accordance with this section. 2,109
(b) The petitioner is served notice of the respondent's 2,111
petition at least forty-eight hours before the court holds a 2,112
hearing with respect to the respondent's petition, or the 2,113
petitioner waives the right to receive this notice. 2,114
(c) If the petitioner has requested an ex parte order 2,116
pursuant to division (D) of this section, the court does not 2,117
delay any hearing required by that division beyond the time 2,118
specified in that division in order to consolidate the hearing 2,119
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 2,121
51
evidence in support of the request for a protection order and the 2,122
petitioner is afforded an opportunity to defend against that 2,123
evidence, the court determines that the petitioner has committed 2,124
an act of domestic violence or has violated a temporary 2,125
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 2,126
primarily as aggressors, and that neither the petitioner nor the 2,127
respondent acted primarily in self-defense. 2,128
(5) No order or agreement under this section shall in any 2,130
manner affect title to any real property. 2,131
(6)(a) If a petitioner, or the child of a petitioner, who 2,133
obtains a protection order or consent agreement pursuant to 2,134
division (E)(1) of this section or a temporary protection order 2,135
pursuant to section 2919.26 of the Revised Code and is the 2,136
subject of a visitation or companionship order issued pursuant to 2,137
section 3109.051, 3109.11, or 3109.12 of the Revised Code or 2,138
division (E)(1)(d) of this section granting visitation or 2,139
companionship rights to the respondent, the court may require the 2,140
public children services agency of the county in which the court 2,141
is located to provide supervision of the respondent's exercise of
visitation or companionship rights with respect to the child for 2,142
a period not to exceed nine months, if the court makes the 2,143
following findings of fact: 2,144
(i) The child is in danger from the respondent; 2,146
(ii) No other person or agency is available to provide the 2,148
supervision or other services. 2,149
(b) A court that requires an agency to provide supervision 2,151
or other services pursuant to division (E)(6)(a) of this section 2,153
shall order the respondent to reimburse the agency for the cost 2,154
of providing the supervision or other services, if it determines
that the respondent has sufficient income or resources to pay 2,155
that cost.
(7) IF AN ORDER OR AGREEMENT ISSUED OR APPROVED UNDER THIS 2,158
SECTION INCLUDES A REQUIREMENT THAT THE RESPONDENT BE EVICTED 2,159
52
FROM OR VACATE THE RESIDENCE OR HOUSEHOLD OR REFRAIN FROM 2,160
ENTERING THE RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT 2,161
OF THE PETITIONER OR FAMILY OR HOUSEHOLD MEMBER, THE ORDER OR 2,162
AGREEMENT SHALL STATE CLEARLY THAT THE ORDER OR AGREEMENT CANNOT 2,163
BE WAIVED OR NULLIFIED BY AN INVITATION TO THE RESPONDENT FROM 2,164
THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER TO ENTER THE 2,165
RESIDENCE, SCHOOL, BUSINESS, OR PLACE OF EMPLOYMENT OR BY THE 2,166
RESPONDENT'S ENTRY INTO ONE OF THOSE PLACES OTHERWISE UPON THE 2,167
CONSENT OF THE PETITIONER OR OTHER FAMILY OR HOUSEHOLD MEMBER. 2,168
(F)(1) A copy of any protection order, or consent 2,170
agreement, that is issued or approved under this section shall be 2,171
issued by the court to the petitioner, to the respondent, and to 2,172
all law enforcement agencies that have jurisdiction to enforce 2,173
the order or agreement. The court shall direct that a copy of an 2,174
order be delivered to the respondent on the same day that the 2,175
order is entered. 2,176
(2) All law enforcement agencies shall establish and 2,178
maintain an index for the protection orders and the approved 2,179
consent agreements delivered to the agencies pursuant to division 2,180
(F)(1) of this section. With respect to each order and consent 2,181
agreement delivered, each agency shall note on the index, the 2,182
date and time that it received the order or consent agreement. 2,183
(3) Regardless of whether the petitioner has registered 2,185
the order or agreement in the county in which the officer's 2,186
agency has jurisdiction pursuant to division (N) of this section, 2,187
any officer of a law enforcement agency shall enforce a 2,189
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 2,191
order or agreement, including removing the respondent from the 2,192
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 2,194
in accordance with the Rules of Civil Procedure, except that an 2,195
order under this section may be obtained with or without bond. 2,196
AN ORDER ISSUED UNDER THIS SECTION, OTHER THAN AN EX PARTE ORDER, 2,197
53
THAT GRANTS A PROTECTION ORDER OR THAT REFUSES TO GRANT A 2,198
PROTECTION ORDER IS A FINAL, APPEALABLE ORDER. The remedies and 2,199
procedures provided in this section are in addition to, and not 2,201
in lieu of, any other available civil or criminal remedies. 2,202
(H) The filing of proceedings under this section does not 2,204
excuse a person from filing any report or giving any notice 2,205
required by section 2151.421 of the Revised Code or by any other 2,206
law. When a petition under this section alleges domestic 2,207
violence against minor children, the court shall report the fact, 2,208
or cause reports to be made, to a county, township, or municipal 2,209
peace officer under section 2151.421 of the Revised Code. 2,210
(I) Any law enforcement agency that investigates a 2,212
domestic dispute shall provide information to the family or 2,213
household members involved regarding the relief available under 2,214
this section and section 2919.26 of the Revised Code. 2,215
(J) Notwithstanding any provision of law to the contrary, 2,217
no court shall charge a fee for the filing of a petition pursuant 2,218
to this section. 2,219
(K)(1) Each order for support made or modified under this 2,221
section on or after December 31, 1993, shall include as part of 2,222
the order a general provision, as described in division (A)(1) of 2,223
section 3113.21 of the Revised Code, requiring the withholding or 2,224
deduction of wages or assets of the obligor under the order as 2,225
described in division (D) of section 3113.21 of the Revised Code 2,226
or another type of appropriate requirement as described in 2,227
division (D)(6), (D)(7), or (H) of that section, to ensure that 2,228
withholding or deduction from the wages or assets of the obligor 2,229
is available from the commencement of the support order for 2,230
collection of the support and of any arrearages that occur; a 2,231
statement requiring all parties to the order to notify the child 2,232
support enforcement agency in writing of their current mailing 2,233
address, their current residence address, and any changes in 2,234
either address; and a notice that the requirement to notify the 2,235
agency of all changes in either address continues until further 2,236
54
notice from the court. The court shall comply with sections 2,237
3113.21 to 3113.219 of the Revised Code when it makes or modifies 2,238
an order for child support under this section on or after April 2,239
12, 1990. 2,240
If any person required to pay child support under an order 2,242
made under this section on or after April 15, 1985, or modified 2,243
under this section on or after December 31, 1986, is found in 2,244
contempt of court for failure to make support payments under the 2,245
order, the court that makes the finding, in addition to any other 2,246
penalty or remedy imposed, shall assess all court costs arising 2,247
out of the contempt proceeding against the person and require the 2,248
person to pay any reasonable attorney's fees of any adverse 2,249
party, as determined by the court, that arose in relation to the 2,250
act of contempt. 2,251
(2) Notwithstanding section 3109.01 of the Revised Code, 2,253
if a court issues a child support order under this section, the 2,254
order shall remain in effect beyond the child's eighteenth 2,255
birthday as long as the child continuously attends on a full-time 2,256
basis any recognized and accredited high school. Any parent 2,257
ordered to pay support under a child support order issued under 2,258
this section shall continue to pay support under the order, 2,259
including during seasonal vacation periods, until the order 2,260
terminates. 2,261
(L)(1) A person who violates a protection order issued or 2,263
a consent agreement approved under this section is subject to the 2,264
following sanctions: 2,265
(a) Criminal prosecution for a violation of section 2,267
2919.27 of the Revised Code, if the violation of the protection 2,268
order or consent agreement constitutes a violation of that 2,269
section; 2,270
(b) Punishment for contempt of court. 2,272
(2) The punishment of a person for contempt of court for 2,274
violation of a protection order issued or a consent agreement 2,275
approved under this section does not bar criminal prosecution of 2,276
55
the person for a violation of section 2919.27 of the Revised 2,277
Code. However, a person punished for contempt of court is 2,278
entitled to credit for the punishment imposed upon conviction of 2,279
a violation of that section, and a person convicted of a 2,280
violation of that section shall not subsequently be punished for 2,281
contempt of court arising out of the same activity. 2,282
(M) In all stages of a proceeding under this section, a 2,284
petitioner may be accompanied by a victim advocate. 2,285
(N)(1) A petitioner who obtains a protection order or 2,287
consent agreement under this section or a temporary protection 2,288
order under section 2919.26 of the Revised Code may provide 2,289
notice of the issuance or approval of the order or agreement to 2,290
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 2,291
approved by registering that order or agreement in the other 2,292
county pursuant to division (N)(2) of this section and filing a 2,293
copy of the registered order or registered agreement with a law 2,294
enforcement agency in the other county in accordance with that 2,295
division.
(2) A petitioner may register a temporary protection 2,297
order, protection order, or consent agreement in a county other 2,298
than the county in which the court that issued the order or 2,299
approved the agreement is located in the following manner: 2,300
(a) The petitioner shall obtain a certified copy of the 2,302
order or agreement from the clerk of the court that issued the 2,303
order or approved the agreement and present that certified copy 2,304
to the clerk of the court of common pleas or the clerk of a 2,305
municipal court or county court in the county in which the order 2,306
or agreement is to be registered. 2,307
(b) Upon accepting the certified copy of the order or 2,309
agreement for registration, the clerk of the court of common 2,310
pleas, municipal court, or county court shall place an 2,311
endorsement of registration on the order or agreement and give 2,312
the petitioner a copy of the order or agreement that bears that 2,313
56
proof of registration. 2,314
(3) The clerk of each court of common pleas, the clerk of 2,316
each municipal court, and the clerk of each county court shall 2,317
maintain a registry of certified copies of temporary protection 2,318
orders, protection orders, or consent agreements that have been 2,319
issued or approved by courts in other counties and that have been 2,320
registered with the clerk. 2,321
(4) If a petitioner who obtains a protection order or 2,323
consent agreement under this section or a temporary protection 2,324
order under section 2919.26 of the Revised Code wishes to 2,325
register the order or agreement in any county other than the 2,326
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 2,327
and if the petitioner is indigent, both of the following apply: 2,328
(a) If the petitioner submits to the clerk of the court 2,330
that issued the order or approved the agreement satisfactory 2,331
proof that the petitioner is indigent, the clerk may waive any 2,332
fee that otherwise would be required for providing the petitioner 2,333
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 2,334
(b) If the petitioner submits to the clerk of the court of 2,336
common pleas or the clerk of a municipal court or county court in 2,337
the county in which the order or agreement is to be registered 2,339
satisfactory proof that the petitioner is indigent, the clerk may 2,340
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 2,341
placing an endorsement of registration on the order or agreement, 2,342
or for giving the petitioner a copy of the order or agreement 2,343
that bears the proof of registration. 2,344
Section 4. That all existing versions of sections 1901.19 2,346
and 3113.31 of the Revised Code are hereby repealed. 2,347
Section 5. Sections 3 and 4 of this act shall take 2,348
effective July 1, 1997.
Section 6. Section 3113.31 of the Revised Code is 2,350
57
presented in Section 3 of this act as a composite of the section 2,352
as amended by both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 2,353
121st General Assembly, with the new language of neither of the 2,355
acts shown in capital letters. This is in recognition of the 2,356
principle stated in division (B) of section 1.52 of the Revised 2,357
Code that such amendments are to be harmonized where not 2,358
substantively irreconcilable and constitutes a legislative 2,359
finding that such is the resulting version in effect on the 2,360
effective date of Sections 3 and 4 of this act.